Can collective and individual rights coexist?
Date
1998
Authors
McDonald, Leighton
Editors
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Journal article
Citation
Melbourne University Law Review, 1998; 22(2):310-336
Statement of Responsibility
Leighton McDonald
Conference Name
Abstract
Recently it has been argued that collective rights of cultural minorities should supplement liberal individual rights. This article considers whether individual and collective rights can coexist within the same normutive discourse, potentially forming complementary components qf an approach to inter-cultural justice. On the basis of the approach here taken to rights and, in particular; collective rights, it is argued that prevalent claims of inevitable and endemic conflicts between such rights cannot be sustained. Not only is the assumption of pervusive irreconcilability false, but the main
strategies available for coping with other situations of rights conflicts are also available in the context of conflicts between collective and individual rights. It is accepted, however, that such conflicts cannot be completely dissolved and that their resolution will often be contentious and sometimes tragic. The article concludes with a discussion of how genuine cases of conflicting individuul and collective rights can be constructively approached.
School/Discipline
Law School
Dissertation Note
Provenance
Description
Access Status
Rights
Copyright (c) 1998 Melbourne University Law Review Association, Inc.